THE Criminal Cases Review Commission had a protracted birth. Its conception lies in the final, successful appeal of the Birmingham Six in March 1991, which resulted in the setting up of a Royal Commission on Criminal Justice to look at the issues raised by that case and to make recommendations.
The report of the royal commission was presented to parliament in July 1993. Its central recommendation was the setting up of an independent body to consider suspected miscarriages of justice, to arrange for their investigation when appropriate, and, if this was indicated by the investigation, to refer them to the Court of Appeal. Until then only the Home Secretary could refer cases to the Court of Appeal when new evidence arose.
These recommendations were accepted by the British government, but it was almost two years before they found their way into legislation. In March 1995 there was all-party support for the Criminal Appeal Bill, which, when passed, enabled the establishment of the Criminal Cases Review Commission as an executive, non-departmental public body.
Its chairman, Sir Frederick Crawford, former vice-chancellor of Aston University, was appointed in April 1996. Its 13 members, the majority with a background in law but including people with backgrounds in psychiatry, business and community work, took up office on January 1st this year. It started considering cases on March 31st.
The commission is a last resort, and those who think they have been victims of miscarriages of justice must first try appeals through the courts. Only if that fails can the commission get involved.
People presenting their cases to the commission need to show an argument or new evidence which was not raised during the trial or appeal, or an exceptional circumstance, like a change in the law. It is perhaps fitting that its first recommendation has been to refer the case of another Irish prisoner, Danny McNamee, to the Court of Appeal more than six years after that court freed the Birmingham Six, thereby launching the royal commission which led to the setting up of the commission.